Summary: The Senior Investigator found that the HSE was justified in its decision. He accordingly affirmed the decision.
Date: 21-06-2017
Case Number: 160495
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a), s.15(1)(i),
Summary: The Senior Investigator affirmed the HSE?s decision. She found that section 15(1)(a) of the FOI Act applies to the applicants? request insofar as it relates to additional records and she found that the HSE was justified in refusing access to records under section 31(1)(a) of the Act on the basis of legal professional privilege.
Date: 20-06-2017
Case Number: 170092
Public Body: Health Service Executive
Section of the Act.: s.15, s.31
Summary: The Senior Investigator found that the Council had not identified all relevant records coming within the scope of the applicant's request. He annulled the Council's decision and directed it to undertake a fresh decision-making process in respect of the applicant's request
Date: 16-06-2017
Case Number: 170061
Public Body: Fingal County Council
Section of the Act.: s.15, s.15(1)(d),
Summary: The Senior Investigator affirmed the Department's decision. She found that: Section 11(4) of the FOI Act applies to one record which was created before the commencement date of the Act; It was justified in refusing access to a number of records on the basis that section 42(f) provides that the FOI Act does not apply to records held or created by the Attorney General's Office; It was justified in refusing access to some of the records under section 31(1)(a) of the Act on the basis of legal professional privilege; It was justified in refusing the remaining records under section 35(1)(b) of the Act on the basis that release of these records would result in a breach of a duty of confidence.
Date: 15-06-2017
Case Number: 160519
Public Body: Department of Health
Section of the Act.: s.31, s.31(1)(a), s.35, s.35(1)(b), s.11
Summary: The Senior Investigator affirmed the Department's refusal to grant access to the records. She found that they attract legal advice privilege (one of the limbs of legal professional privilege) and that they were exempt under section 31(1)(a) of the FOI Act.
Date: 15-06-2017
Case Number: 170102
Public Body: Department of Social Protection
Section of the Act.: s.31
Summary: The Senior Investigator affirmed NAMA's decision to refuse to grant access to some of the records in full and to others in part on the basis that they relate to purchasers or potential purchasers of assets securing loans held or managed by NAMA. She found that these records/parts of records fall within Schedule 1, Part 1(x)(iii) of the FOI Act, so that the Act does not apply to them. She found that the other records/parts of records, which relate to Project Eagle, are not covered by Schedule 1, Part 1(x)(iii). She annulled NAMA's decision to refuse access to them and directed NAMA to make a fresh decision in relation to them.
Date: 15-06-2017
Case Number: 160253
Public Body: National Asset Management Agency
Section of the Act.:
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 14-06-2017
Case Number: 170098
Public Body: Department of Social Protection
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of the Council.
Date: 14-06-2017
Case Number: 170169
Public Body: Dun Laoghaire-Rathdown County Council
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the decision of AGS.
Date: 14-06-2017
Case Number: 170219
Public Body: An Garda Síochána
Section of the Act.: s.6, s.6(2)(a),
Summary: The Senior Investigator found that the Council was justified in its decision to charge a fee of ?450 for the search and retrieval of relevant records.
Date: 13-06-2017
Case Number: 170082
Public Body: Cork City Council
Section of the Act.: s.27